Writ Of Replevin Form With Court Order In Orange
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FAQ
The process of starting a replevin action usually begins with filing a complaint. It also requires filing an affidavit in the county or district court where the property is.
To file a complaint for replevin, you must first prepare a summons (notice to appear in court) and include a complete and accurate description of the property sought. You will also need to attach proof of a bill of sale, title to the property, and photographs of the property.
File your case in a court in the right county and court (called Justice Centers in Orange County). In legal terms, this means you have to file in the proper venue (place). For example, if the person you are suing lives in Tustin, the Justice Center where you file your case is the Central Justice Center.
File your case in a court in the right county and court (called Justice Centers in Orange County). In legal terms, this means you have to file in the proper venue (place). For example, if the person you are suing lives in Tustin, the Justice Center where you file your case is the Central Justice Center.
When you file your Complaint for Writ if Replevin, a hearing will be scheduled and the court will issue a notice for service upon the defendant. The hearing will be between 10 and 20 days from the date that the court issues the notice to the defendant.
The Complaint: The complaint in replevin typically must include: (i) a description of the property to be replevied; (ii) its value; (iii) its location if known; and (iv) the material facts upon which the claim is based – in other words, why the filing party is entitled to seize the property that has been taken.
Call (714) 834-2500.
A writ of replevin is a prejudgment process ordering the seizure or attachment of alleged illegally taken or wrongfully withheld property to be held in the U.S. Marshal's custody or that of another designated official, under order and supervision of the court, until the court determines otherwise.
The process of starting a replevin action usually begins with filing a complaint. It also requires filing an affidavit in the county or district court where the property is. The affidavit: States that the plaintiff claims rightful ownership or entitlement to possession of the property.
Creditors use replevin actions to recover collateral when debtors default on secured loans. For example, a bank might file a replevin action against a borrower to repossess the borrower's car after he missed too many payments.
